Indemnification of Expenses of Successful Party. Notwithstanding any other provision of this Agreement: (a) To the extent that Indemnitee has been successful on the merits or otherwise, including by a settlement, in defense of any Proceeding, or in defense of any one or more claims, issues or matters included therein, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith; and (b) Indemnitee’s Expenses actually and reasonably incurred in connection with successfully establishing or enforcing, in whole or in part, Indemnitee’s right to indemnification or advancement of Expenses under this Agreement or otherwise, shall also be indemnified by the Corporation.
Appears in 9 contracts
Samples: Indemnification Agreement (Armstrong Coal Company, Inc.), Indemnification Agreement (Armstrong Energy, Inc.), Indemnification Agreement (Peak Resorts Inc)
Indemnification of Expenses of Successful Party. Notwithstanding any other provision of this Agreement:,
(a) To the extent that Indemnitee has been successful on the merits or otherwise, including by a settlement, in defense of any Proceeding, or in defense of any one or more claims, issues or matters included therein, including the dismissal of any action without prejudice, the Corporation shall indemnify Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith; and
(b) Indemnitee’s Expenses actually and reasonably incurred in connection with successfully establishing or enforcing, in whole or in part, Indemnitee’s right to indemnification or advancement of Expenses under this Agreement or otherwise, shall also be indemnified by the Corporation.
Appears in 2 contracts
Samples: Indemnification Agreement (YTB International, Inc.), Indemnification Agreement (YTB International, Inc.)
Indemnification of Expenses of Successful Party. Notwithstanding any other provision of this Agreement::
(a) To the extent that Indemnitee has been successful on the merits or otherwise, including by a settlement, in defense of any Proceeding, or in defense of any one or more claims, issues or matters included therein, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith; andand
(b) Indemnitee’s Expenses actually and reasonably incurred in connection with successfully establishing or enforcing, in whole or in part, Indemnitee’s right to indemnification or advancement of Expenses under this Agreement or otherwise, shall also be indemnified by the Corporation..
Appears in 1 contract
Indemnification of Expenses of Successful Party. Notwithstanding any other provision of this Agreement:
(ai) To the extent that Indemnitee has been successful on the merits or otherwise, including by a settlement, in defense of any Proceeding, or in defense of any one or more claims, issues or matters included therein, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee in connection therewith; and
(bii) Indemnitee’s 's Expenses actually and reasonably incurred in connection with successfully establishing or enforcing, in whole or in part, Indemnitee’s 's right to indemnification or advancement of Expenses under this Agreement or otherwise, shall also be indemnified by the Corporation.
Appears in 1 contract
Samples: Employment Agreement (Spartech Corp)